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Illegal use of my boundary wall by my neighbor

Shivendra Pratap Singh

Advocate

22/07/2021

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Question:  There is an Illegal use of my boundary wall by my neighbor. My father built the 6 ft high 5″ thick 60 ft long boundary wall before construction of our 2 storied building within my premises in the year 1990-91 when there was a narrow drain and one 3″ thick small boundary wall of my neighbor was there. 

After completion of our wall the neighbor breaks down the wall and assumes my wall as his boundary wall also. He also demanded plastering of the wall on his side but my father denied it. No problem arises till 2017. But in 2018 the neighbor built a shed on the vacant area between his house and my boundary wall. He drilled a number of iron hooks in my wall for erection of angles without taking my permission. Is this work legal or not ? Can my neighbor use my own wall for any construction ? What will I do now ?

Question from: West Bengal

Your neighbour cannot use your boundary wall as his own. You can file a civil suit and take appropriate action under the code of criminal procedure. This is your property and your neighbour cannot drill and cause any kind of harm to your boundary wall.

Serve a legal notice on your neighbour for not using your boundary wall as his own property. You should tell him in the legal notice to stop using your boundary wall. If he still carries on his activity on the boundary wall then you should file a civil suit as well as file a complaint before the sub divisional magistrate under section 145 of the code of criminal procedure.

Approach the local police station for taking action under section 145 CRPC. Illegal use of your boundary wall may disturb the peace and tranquility. Thereafter, the police officer will prepare a report and send it to the sub divisional magistrate for taking action under section 145 of the code of criminal procedure.

The sub divisional magistrate can take a bond from your neighbour under section 107 of CrPC for maintaining peace. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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